s.38General powers exercisable by arbitral tribunal
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Section 38Part 7 — ARBITRAL PROCEEDINGS

General powers exercisable by arbitral tribunal

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Parties may agree on the powers that may be exercised by the arbitral tribunal for the purposes of and in relation to the arbitration proceedings.
Unless otherwise agreed by the parties under subsection (1), the arbitral tribunal may make orders or give directions to any party for —
security for costs;
discovery of documents and interrogatories;
giving of evidence by affidavit;
a party or witness to be examined on oath or affirmation;
the preservation and interim custody of any evidence for the purposes of the proceedings;
samples to be taken from, or any observation to be made of or experiment conducted upon, any property that is or forms part of the subject-matter of the dispute; and
the preservation, interim custody or sale of any property that is or forms part of the subject-matter of the dispute.
An arbitral tribunal may for the purposes of subsection (2)(d) administer any necessary oath or take any necessary affirmation.
The power of the arbitral tribunal to order a claimant to provide security for costs as referred to in subsection (2)(a) shall not be exercised by reason only that the claimant is —
an individual ordinarily resident outside the Islands; or
a corporation or an association incorporated or formed under the law of a country outside the Islands, or whose central management and control is exercised outside the Islands.
All orders or directions made or given by an arbitral tribunal in the course of an arbitration shall, with leave of the court, be enforceable in the same manner as if they were orders made by the court and where leave is so given, judgment may be entered in terms of the order or direction.

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